- (1.) An application seeking recall of the order dated 7.3.2013 passed by this Court in aforesaid criminal revision has been filed by the applicants who are accused/opposite party nos. 2, 3 and 4 in this revision.
(2.) Heard Mr. Nazrul Islam Jafri, learned counsel for the revisionist, learned A.G.A. for the State, Mr. Satish Trivedi, learned Senior Advocate, assisted by Mr. Sanjeev Kumar Pandey, learned counsel for opposite party nos. 2 to 4 on recall application and perused the record.
(3.) In the affidavit accompanying the recall application, the applicants have stated that the instant criminal revision was listed on 7.3.2013 at Sl. No. 7 in Court no. 25. The counsel for opposite party nos. 2 to 4 was on his legs in Court No. 19 where the arguments were going on. After completing the arguments the counsel immediately rushed to Court No. 25 where he found that the order in the instant criminal revision had already been dictated. Learned counsel for opposite party nos. 2 to 4 made a request to Court to hear him also. He also informed the Court that one more Criminal Revision Defective No. 457 of 2008 (now regular number has been allotted as Criminal Revision No. 3385 of 2008) (Ramesh Chandra Goyal Vs. State of U.P.) arising out of same order dated 6.10.2008 is pending before this Court in which interim order in favour of opposite party nos. 2 to 4 is in existence but the Court did not pay any heed to the request.;